Tuesday, June 19, 2012

Court of Appeals Holds That Family Court Lacks Authority to Direct Continuing Contact Between Parent and Child Once Parental Rights Have Been Terminated in a Contested Proceeding Pursuant to Social Services Law §384-b.

In the Matter of Hailey ZZ., No. 103, NYLJ 1202558306160, at *1 (June 7, 2012) the Court of Appeals resolved a conflict within the Appellate Divisions as to whether Family Court may direct continuing contact between parent and child once parental rights have been terminated in a contested proceeding pursuant to Social Services Law §384-b, and held that the Family Court lacks this authority.

Court of Appeals Holds it Is Possible for a Parent with Custodial Rights to a Child to Be Guilty of Kidnaping That Child

In People v Leonard, --- N.E.2d ----, 2012 WL 1946724 (N.Y.) the Court of Appeals held that it is possible for a parent who has custodial rights to a child to be guilty of kidnaping that child, and that it happened here, where defendant used his baby daughter as a hostage, threatening to kill her if the police approached him.

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Joel R. Brandes is the author of the "Law and the Family New York 2d", and "Law and the Family New York Forms" (Thomson-West). He is not a lawyer.
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This Blog is written by Joel R. Brandes, the author of Law and the Family New York, Second Edition Revised, and Law and the Family New York Forms (Thomson-West), Bari Brandes Corbin, of the New York Bar, and co-author of Law and the Family New York, Second Edition, Revised, Volumes 5 & 6 (Thomson-West), and Evan B. Brandes, of the New York and Massachusetts Bars, and a Solicitor in New South Wales, Australia. The authors write the annual supplements to Law and the Family New York, Second Edition Revised, and Law and the Family New York Forms.